The department may receive surplus or salvage data processing equipment and, depending on whether repair is economically feasible, must repair and resell it or disassemble it and handle the components as directed. Before inmate access, stored information must be removed, but operating systems and software need not be removed.
Sec. 497.012. REPAIR AND RESALE OF SURPLUS DATA PROCESSING EQUIPMENT. (a) The department may receive surplus or salvage data processing equipment from a state agency under Chapter 2175 or from any political subdivision that chooses to send the equipment to the department. Acceptance by the board is not necessary for receipt by the department of equipment under this section. (b) If the department determines that it is economically feasible, the department shall repair or refurbish the surplus or salvage data processing equipment. The department shall sell the repaired or refurbished data processing equipment, in the following order of preference, to: (1) a school district; (2) a state agency; (3) a political subdivision of the state; or (4) a statewide organization described by Section 264.603(a), Family Code, or a local volunteer advocate program, as defined by Section 264.601, Family Code, for use by children or youth in foster care. (c) If it is not economically feasible to repair or refurbish the surplus or salvage data processing equipment, the department shall disassemble the equipment and sell the components or retain the components in the department's inventory for future use. (d) The department shall attempt to realize the maximum benefit to the state in selling repaired or refurbished data processing equipment or the components. (e) The sales price of the components or the repaired or refurbished data processing equipment must be sufficient to defray the cost of repairing, refurbishing, or disassembling the data processing equipment. (f) Proceeds from the sale of the components or the repaired or refurbished data processing equipment shall be deposited in the industrial revolving account. The proceeds may be used only to reduce the cost of repairing and refurbishing data processing equipment. (g) The department may adopt rules to implement this section. (h) The department shall ensure that all information stored on the surplus or salvage data processing equipment received by the department under this section is removed from the equipment before any inmate is given access to the equipment. This subsection does not require the removal of any operating system or software program stored on the data processing equipment. Added by Acts 1999, 76th Leg., ch. 419, Sec. 1, eff. Sept. 1, 1999. Renumbered from Sec. 497.011 by Acts 2001, 77th Leg., ch. 1420, Sec. 21.001(44), eff. Sept. 1, 2001. Amended by: Acts 2005, 79th Leg., Ch. 613 (H.B. 2196), Sec. 1, eff. June 17, 2005. Acts 2017, 85th Leg., R.S., Ch. 289 (S.B. 78), Sec. 1, eff. September 1, 2017. SUBCHAPTER B. SALES OF PRISON-MADE ARTICLES OR PRODUCTS